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10-24-11 v MINUTES REGULAR CITY COMMISSION MEETING October 24, 2011 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of October 10, 2011 and the Special Called Meeting of October 3, 2011. Motion: Approve the minutes of the Regular Commission Meeting of October 10, 2011 and the Special Called Meeting of October 3, 2011, as written. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Jennifer Madden, Magnolia Street, asked why Atlantic Beach does not offer recycling bins on the beach. She stated by 2020 the goal of the State of Florida is to be recycling 75 %. Tim Gilboy stated they have put bins in the parks and it turns into a sorting event which staff does not have the time to do. He further stated the cost to bring in Advanced for recycling on the beach is not currently in their contract. Mayor Borno stated they will look into this more. Commissioner Woods asked Ms. Madden if she would be willing to look into this more. She stated she would do that. Jana Ray Sternfeld, 2248 Barefoot Trace, addressed the Commission regarding her waiver request for the circular driveway. Commissioner Fletcher stated if they have any questions they will bring her up during Agenda Item 8A. He stated they had a good submission of their request with plenty of information. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. October 24, 2011 REGULAR COMMISSION MEETING Page 2 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Building Department and Utility Sales Reports for September 2011. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 11 -24 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE INVESTMENT POLICY FOR CITY FUNDS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 11 -24 by title. Motion: Approve Resolution No. 11 -24. Moved by Fletcher, Seconded by Parsons Finance Director Nelson Van Liere summarized the resolution, explaining the changes to the investment policy as recommended by the Investment Policy Review Committee which consisted of John Wolfel, Alan Gleit, Bob Sternfeld, Michael O'Shields (from Morgan Stanley) and Nelson Van Liere. Mr. Van Liere and Mr. O'Shields answered questions from the Commission. October 24, 2011 REGULAR COMMISSION MEETING Paee 3 Commissioner Parsons stated there was a lot of time and work put into this and thanked the Committee. He further expressed his appreciation for the great job Mr. Van Liere has done for us through the years. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno thanked Mr. Van Liere and those who served on this Committee, stating it is greatly appreciated. He stated with this we have sunset the action for the Committee until the next time to resurrect them again. Commissioner Fletcher stated this is an example of how a good committee works. 7. Action on Ordinances None. 8. Miscellaneous Business A. Request for a waiver from City Code Section 19 -7 (to allow a circular driveway on a lot with less than 100 feet frontage). Deputy Public Works Director Tim Gilboy summarized the request for waiver stating the Public Works Director recommended approval of the waiver. Motion: Approve request for waiver to City Code Section 19 -7. Moved by Fletcher, Seconded by Daugherty Mr. Gilboy showed several slides related to the driveway waiver at 2248 Barefoot Trace. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED B. Employee Health Insurance. City Manager Hanson reported RFPs were sent out to Aetna, AvMed, Blue Cross, PRIA, Cigna, Florida League of Cities, Humana, PRM Group Health and United Health Care and all companies declined to provide a bid. He stated all of the companies basically replied that, due to our current and projected medical claims, their premiums would be considerably higher than what we are paying to Cigna now. He stated Cigna has agreed to retain our current premiums through December 31, 2012. Discussion ensued. (This item was addressed again later in the meeting during Item 9A.) C. Acceptance of Donated Tax Parcel on Cavalla Road from City of Jacksonville. October 24, 2011 REGULAR COMMISSION MEETING Page 4 Tim Gilboy showed slides of the property in question and summarized the staff report, stating it is mainly used for parking for the townhouses. Motion: Authorize staff to execute documents necessary to accept subject parcel from the City of Jacksonville. Moved by Woods, Seconded by Fletcher. Mr. Gilboy answered questions from the Commission. He further explained, based on the parking requirements needed, staff did not believe this parcel could be developed for a single family residence as suggested by Mr. Tipton in the staff report. Mr. Hanson explained this is parking for these townhouses and he believes the parcel should have been included in the property with the townhouses to begin with. He stated the City has seen problems when the Commission has allowed parking attached to apartments or townhouses to be used for other purposes, i.e. 10 Street townhouses. He suggested they work with the people who own the adjoining townhouses and try to find a way to get it attached to that property so it would have to be there forever. Discussion ensued. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED D. Easement for building encroachment at Laura Plaza (469 Atlantic Blvd). City Attorney Alan Jensen summarized his staff report. He stated the request was made to assure, in the event the owners were to attempt to sell it or refinance it, that there would not be title insurance problems. He stated this building has been approximately one foot over the property line since it was built in 1983 and in order to clarify any title problems the owners have requested an easement from the City. He stated after reviewing the easement he made some changes to it as it is proposed, in that the easement would exist until the building was either demolished or destroyed, at which time any new building would have to be off the City's property. Motion: Approve attached easement to Laura Plaza, Inc. and authorize City Manager to execute same. Moved by Woods, Seconded by Fletcher. Discussion ensued and Mr. Jensen answered questions from the Commission. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED E. Responsibility for Maintenance of Atlantic Blvd. Medians. Mr. Hanson gave a follow -up report on the cost to maintain the Atlantic Blvd. medians, summarizing his staff report. October 24, 2011 REGULAR COMMISSION MEETING Page 5 F. Report on Maintenance for Town Center. Mr. Hanson summarized his staff report on past agreements for maintenance in the Town Center area as related to whether the Town Center Agency should be contributing to the maintenance. He stated in 2000 the Mayor and Commissioners unanimously approved the agreement which called for splitting the maintenance cost between Atlantic Beach and Neptune Beach for Town Center, which is what has been done for the past eleven years. Discussion ensued. G. Authorizing Use of Forfeiture Funds for Police Gym Memberships. Chief Mike Classey explained this is a request for forfeiture funds to be expended, as required by Florida Statutes, which governs all expenditures of those funds. He stated they cannot be used for normal operating expenses such as salaries. He stated for a number of years gym memberships have not been included in the budget and the only way to pay for them is through forfeiture funds. Motion: Approve up to $2,000 from forfeiture funds for police officer gym memberships. Moved by Fletcher, Seconded by Woods. Chief Classey answered questions from the Commission. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. City Manager Jim Hanson stated during Item 8B he neglected to ask the Commission to approve the extension of the contract through December 31, 2012 and was doing so now. Motion: Extend the current contract with Cigna through 12/31/12 and authorize City Manager to sign related contracts. Moved by Woods, Seconded by Fletcher. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 10. Reports and/or requests from City Commissioners and City Attorney A. Appointments to the Community Development Board. Commissioner Fletcher explained the recommendations of the Community Development Board were to reappoint Kirk Hansen and Patrick Stratton to serve an additional term on the Community Development Board. October 24, 2011 REGULAR COMMISSION MEETING Page 6 Motion: Reappoint Kirk Hansen and Patrick Stratton to serve an additional term on the Community Development Board. Moved by Fletcher, Seconded by Woods. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Commissioner Fletcher further stated the Board also recommended appointing Jason Burgess as a new member to the Community Development Board for one term beginning January 1, 2012. Motion: Appoint Jason Burgess as a new member to the Community Development Board for one term beginning January 1, 2012. Moved by Fletcher, Seconded by Woods. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno thanked Commissioner Fletcher for his chairmanship of the Board Member Review Committee. B. Authorization to file suit to foreclose lien on property at 457 Sailfish Drive. City Attorney Alan Jensen stated this property has been a problem in the City for years. He stated Benjamin Brown has been in front of the Code Enforcement Board several times. He explained that in May 2011, Mr. Brown was fined $500 /day commencing on June 10, 2011 and the Board recommended if that fine became $15,000 or more that the City Commission approve filing suit to foreclose a lien on this property. He stated the amount of the fine currently is approximately $65,000 and he is requesting authorization to proceed with filing a foreclosure suit of the Code Enforcement lien. Motion: Authorize suit to foreclose the Code Enforcement Board Lien on the property at 457 Sailfish Drive. Moved by Fletcher, Seconded by Woods. Building Official Mike Griffin showed several slides of the subject property. Discussion ensued and Mr. Jensen and Mr. Griffin answered questions from the Commission. Jim Hanson pointed out that the reason this has gone on for so long is because if a property is homesteaded in Florida you cannot foreclose against it for this kind of lien. He stated Mr. Brown had the property homesteaded for many years and only in the last couple of years did he transfer the title to another person who recently transferred the property back to Mr. Brown, so presently he does not have the property homesteaded. He stated the City has a window of opportunity, until January 2012, to force Mr. Brown to do something before the property gets homesteaded again. He reiterated they have been trying for 15 years to get this cleaned up. October 24, 2011 REGULAR COMMISSION MEETING Pate 7 Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 1— Daugherty MOTION CARRIED Commissioner Daugherty • Reported there will be a fundraiser on Saturday night at Boom Shaka Laka, 725 Atlantic Blvd., to benefit Habitat for Humanity's neighborhood revitalization program and invited everyone to attend. • Showed slides of people fishing at the Tideviews pier and of the floating platform that was not installed correctly to be used for kayaks to be pulled up on. Mr. Gilboy explained they are in contact with the contractor regarding this problem and have not given them the final payment until this is corrected. Commissioner Woods • Complimented Nancy Bailey on the agenda cover, stating it was very creative. Commissioner Parsons • Stated the Commission has never approved the Plaque for "In Search of Atlantis ". He read the proposed plaque and asked for the Commission's approval. He stated the plaque will be paid for by Atlantic Beach Public Arts Commission (ABPAC). It was the consensus of the Commission to approve this. Mayor Borno • Announced he will be at the Florida League of Cities Tax and Finance Committee meeting on Friday. There being no further discussion, the Mayor declared the meeting adjourned at 7:22 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: XL& igatez Donna L. Bartle, CMC City Clerk